Rajasthan High Court - Jodhpur
Onkar Singh vs State Of Rajasthan on 12 July, 2021
Bench: Sanjeev Prakash Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 566/2021
Suresh Kumar S/o Sh. Lalchand, Aged About 32 Years, B/c Nai,
R/o Village Madai, P.s. Sangad, Tehsil Fatehgarh, Dist. Jaisalmer
(Raj.). (Presently Lodged In District Jail, Jaisalmer).
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Hakmaram S/o Sh. Narayana Ram, B/c Meghwal, R/o
Village Mandai, P.s. Sangad, Tehsil Fatehgarh, Dist.
Jaisalmer (Raj.).
----Respondents
Connected With
S.B. Criminal Appeal (Sb) No. 534/2021
Onkar Singh S/o Sh. Babu Singh Rajput, Aged About 22 Years,
Tejmalta, P.s. Jhinjhinyali, Dist. Jaisalmer (Raj.). (At Present
Lodged In District Jail, Jaisalmer).
----Appellant
Versus
1. State Of Rajasthan, Through Pp
2. Hukmaram S/o Sh. Narnaram, Aged About 22 Years, B/c
Meghwal, R/o Mandai, P.s. Sangad, Dist. Jaisalmer.
----Respondents
For Appellant(s) : Mr Vivek Mathur on behalf of Mr
Pradeep Shah for Suresh Kumar, Mr
Dheerendra Singh Sodha for Onkar
Singh
For Respondent(s) : Mr Sumer Singh Rajpurohit, Public
Prosecutor
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment / Order
12/07/2021
Heard learned counsel for the appellant and learned Public
Prosecutor.
(2 of 3) [CRLAS-566/2021]
These criminal appeals under Section 14-A (2) of the SC/ST
(Prevention of Atrocities) Act has been filed in connection with FIR
No.62/2020 registered at Police Station Sangad, District Jaisalmer
for the offence under Sections 147, 148, 341, 323, 354, 355, 455,
307/149 IPC and Sections 3(1) (g) (r) (s), 3(2)(v) of the SC/ST
(Prevention of Atrocities) Act.
Criminal Appeal No.534/2021: Onkar Singh Vs State
Learned counsel for the appellant submits that co-accused
Bhoor Singh, Avtar Singh, Nepal Singh and Mangu Singh had filed
Criminal Appeal No.523/2021 and have already been granted bail
by this Court vide order dated 24.06.2021 and the case of the
appellant is identical to that of other co-accused.
Learned Public Prosecutor opposed this appeal.
Taking into consideration the above and maintaining parity
with the aforesaid persons who are similarly situated, the
appellant Onkar Singh also is entitled to be released.
The order dated 15.06.2021 passed by the learned Special
Judge, SC/ST (Prevention of Atrocities Cases), Jaisalmer in Cr.
Case No.267/2021 is quashed and set-aside and this appeal is
accordingly allowed and it is directed that accused-appellant
namely, Onkar Singh s/o Babu Singh Rajput shall be released
on bail provided he furnishes a personal bond in the sum of
Rs.50,000/- (Rupees Fifty thousand Only) with one surety in the
like amount to the satisfaction of the learned Trial Court with the
stipulation that he shall appear before that Court and any Court to
which the matter is transferred, on all subsequent dates of hearing
and as and when called upon to do so.
(3 of 3) [CRLAS-566/2021]
Criminal Appeal No.566/2021: Suresh Kumar Vs State
The Criminal Appeal No.566/2021 has been tagged with the
Criminal Appeal No.534/2021 (Onkar Singh Vs State), wherein the
service is complete but no one has put in appearance on behalf of
the complainant Hakma Ram. Thus, the service on complainant
Hakma Ram in the Criminal Appeal No.566/2021 (Suresh Kumar
Vs State) is also treated complete.
Looking to the allegations against the appellant Suresh
Kumar, which are identical and the Criminal Appeals filed by
similarly placed persons has been allowed, I am inclined to accept
the Criminal Appeal of the appellant Suresh Kumar also.
The order dated 29.06.2021 passed by the learned Special
Judge, SC/ST (Prevention of Atrocities Cases), Jaisalmer in Cr.
Case No.275/2021 is quashed and set-aside and this appeal is
accordingly allowed and it is directed that accused-appellant
namely, Suresh Kumar s/o Lal Chand shall be released on bail
provided he furnishes a personal bond in the sum of Rs.50,000/-
(Rupees Fifty thousand Only) with one surety in the like amount to
the satisfaction of the learned Trial Court with the stipulation that
he shall appear before that Court and any Court to which the
matter is transferred, on all subsequent dates of hearing and as
and when called upon to do so.
(SANJEEV PRAKASH SHARMA),J
113-114 MMA/-
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